SACM - United Kingdom
Permanent URI for this collectionhttps://drepo.sdl.edu.sa/handle/20.500.14154/9667
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Item Restricted The Role of Shareholders in Corporate Governance in Saudi Arabia Within the Framework of Saudi Vision 2030: An Analysis Study.(King's College London, 2024-08-31) Alsawadi, Osama; Fares M, Tamara NThe present study examines the role of shareholders in corporate governance within the context of Saudi Arabia’s Vision 2030. It analyses the functions and responsibilities of shareholders and how they influence and oversee company management. The study adopts both doctrinal and non-doctrinal approaches to explore the theoretical foundations of corporate governance, shareholders' rights and the legal environment in the country. The findings indicate the critical roles of shareholders as providers of capital, electors of directors, monitors of company performance and recipients of profits. They are entitled to fundamental rights, including voting on significant issues, access to information and receiving dividends. Saudi Arabia has recently enhanced legal shareholder protection through the 2015 Companies Law and the 2017 Corporate Governance Regulation. These policies have strengthened shareholders' voting rights, access to information and ability to influence major corporate decisions. However, minority shareholders continue to face challenges in environments with concentrated ownership. These issues include the lack of regulation enforcement, limited shareholder involvement and technological barriers. The study also suggests legal reforms to improve the position of minority shareholders, increase monitoring and penalties, initiate shareholder awareness and engagement and enhance access via technology. Overall, these insights are valuable for shaping policy and guiding corporate practices in Saudi Arabia, aligning with the ambitious goals of Vision 2030 to enhance governance and integrate global best practices. Keywords: Saudi Arabia, corporate, governance, shareholders, regulations, company, law.16 0Item Restricted Examining Diplomatic Asylum as a Legal Practice: An Analysis of its Legality and the Path to Recognition(University of Reading, 2023) Alghamdi, Maha; Milanovic, MarkoThe doctrine of diplomatic asylum presents a complex and controversial issue in international law, with an ill-defined legal framework and no universally accepted principles. This lack of clarity has led to conflicts and disagreements between states regarding the legitimacy and scope of this doctrine. In this dissertation I aim to explore the current legal status of diplomatic asylum under international law, including its legal basis and the challenges it presents to the international legal system. The doctrine methodology will be used to analyze recent state practices, and their justification for granting diplomatic asylum, as well as the role of the International Court of Justice (ICJ) and customary international law (CIL) in shaping the legal framework. Moreover, the impact of several landmark decisions made by the ICJ in this area will be investigated to determine their impact on the development of diplomatic asylum. Based on the analysis of all the above, this study ultimately aims to suggest the appropriate way to move forward towards the legalization of diplomatic asylum. This will include recommendations for states to clarify their legal obligations and responsibilities in this matter, and for the ICJ to provide further guidance on the issue.37 0Item Restricted Reassessing the ground of “Conflict of Interest” to reject an Arbiter(University of Leeds, 2024-01-15) Albaraiky, Sarah; Mills, Benjamin J. W.In legal systems around the world, the procedure of arbitration is the cornerstone of an innovative dispute resolution process that allows for swift and fair resolution of disputes between parties. In the United Kingdom, the efficiency and fairness of “arbitration” is determined by the “Arbitration Act” which is a foundational and guiding law for the arbitral system and by its avoidance of rigidity and length of local courts. As a tool, arbitration is also highly appreciated for its speed and flexibility as an alternative to the lengthy arbitration process relied upon by the parties. A key component of this approach is trust in these judges, who are competent individuals charged with handling complex legal issues fairly and impartially. First, it is important to mention that the concept of conflict of interest in arbitration may manifest itself differently, such as: fiscal risks involved in the outcome cases or even personal relations associated with either party. Because of the complexity of these issues it is pivotal to completely understand the background, affiliations, and fiscal ties of the arbiter as these might compromise their impartiality or objectivity while dealing with the issue at hand9 0Item Restricted The Liability of the Advisor on Business in British and Saudi Law: A Comparison(Saudi Digital Library, 2023-09-25) Almoshaiqeh, Abdullah Khaled; Kenny, MelThis paper discusses the duties and liabilities of advisors in relation to organisations. It compares how these duties and liabilities are carried out in both the UK and the Kingdom of Saudi Arabia and compares how the laws in both countries ensure that these duties are carried out and the manner in which advisors are held accountable for neglecting these duties. This research will delve into the legal and financial implications of advisors liabilities on both the advisor and the organisation and the manner in which they are carried out in courts in both countries. Additionally, it will provide the different defence systems that can be used by advisors to excuse themselves from liability or reduce the penalty for the liabilities. This research will make use of secondary sources of information to provide an analysis of the stated area of focus. It will make use both primary and secondary laws since most of the liability cases handled currently make use of both laws. Additionally, a lot of advisor duties depend on the primary laws and the legal proceedings in past cases. Therefore, using both laws helps to provide their implications on current and future regulatory frameworks and in handling advisory services. Since advisors are a crucial part of many organisations, evaluating their duties and liabilities is crucial in comprehending their significance and influence within the organisations. Therefore, to provide an intelligible structure, this paper first introduces an advisor providing their overall duties and responsibilities within and organisation. It then narrows these duties and analyses them within the context of the UK and Saudi Arabia. Upon understanding their duties and responsibilities, this paper analyses their liabilities using both primary and secondary laws and evaluated the different ways and advisor may be exempted from liabilities. Then, this paper provides the strengths and weaknesses of both laws and provide recommendations, particularly on the Saudi Arabian law.115 0Item Restricted WHAT ROLE DOES THE CHOICE OF ARBITRAL INSTITUTION PLAY IN INFLUENCING THE ENFORCEABILITY OF ARBITRAL AWARDS IN INTERNATIONAL COMMERCIAL ARBITRATION?(Saudi Digital Library, 2023-11-22) Alsulami, Sharifah; TonyGlobalization has made international commerce the norm, leading to the prominence of international commercial arbitration as a vital mechanism for resolving disputes between parties from diverse legal and cultural backgrounds. However, the academic and professional domains have understudied the pivotal role of the choice of commercial arbitral institution in arbitral awards’ enforceability. This research addresses this gap by thoroughly examining how the selection or choice of arbitral institutions influences enforceability. The study focuses on three prominent commercial arbitration institutions, namely, JAMS, ICC, and CIETAC. The central research question is, “What role does the choice of arbitral institution play in influencing the international commercial arbitral awards’ enforceability?” The study, a desk-based inquiry, adopts a qualitative and exploratory research design to comprehensively explore the intricate aspects of arbitral institutions’ influence on the enforceability of arbitral awards, hence the choice of an arbitrating organization. A systematic review of relevant literature is conducted, focusing on keywords related to the research question. Qualitative content analysis is applied to the collected data. Findings reveal that enforceability hinges on the organizations’ procedural rules, practices, and administrative support, aligned with the New York Convention of 1958. However, procedural changes at the institutional level are also paramount. ICC’s institutional oversight and flexibility foster enforceability but face concerns regarding party autonomy limitations. JAMS prioritizes party involvement, transparency, and due process, enhancing the likelihood of enforceable awards. CIETAC’s dual system caters to international and domestic disputes, emphasizing efficient case management, yet challenges persist in enforcing awards in China due to uneven New York Convention application. Court decisions further demonstrate nuances, with ICC’s, JAMS’, and CIETAC’s awards facing challenges based on issues such as public policy, transparency, impartiality, and adherence to local legal norms. Reputation also influences enforceability, but JAMS seems to excel on this ground. This study offers a set of recommendations. International commercial arbitration institutions should adopt rules for efficiency, fairness, and party autonomy. They should also maintain transparency and impartiality in arbitrator selection and proceedings to enhance institution's reputation and enforceability. Besides, they must ensure compliance with local legal norms and public policy where enforcement is sought to reduce refusal risks. Institutions facing issues, for example, CIETAC, should work on objectivity, rectify problems, and improve efficiency in enforcement. When dealing with contracts in China, it is essential to consider arbitration clauses and risk management to mitigate disputes and navigate unique legal aspects.17 0Item Restricted To what extent the United Kingdom Copyright Law is Protecting Video Games Comparing to other Jurisdictions?(Saudi Digital Library, 2023-10-23) Baqadir, Shahad; Dimita, GaetanoThe copyright protection of video games remains a highly complex issue. The main issues stem from the complex nature of video games and how they should be classified for copyright protection. Different jurisdictions have adopted different approaches to protect video games under the Copyright Law. Some jurisdictions classify video games predominantly as software or audio-visual works, others as computer programs, and others treated video games as a "complex subject matter" with separate elements protected under Copyright Law. There is a challenge of new issues arising from the evolving nature of video games due to technological advances in computing and graphics.10 0Item Restricted Evaluation of the Need for Developing Separate Patentable Laws for Artificial Intelligence(2023-04-25) Alqunayah, Ibrahim; Abrusci, ElenaAs the world continue evolving and the necessity to rely on technologies is growing, the experts have been able to identify the ever-rising significance of AI in the sector of IP. It is not surprising that the current technologies encounter IP in several ways. As such, AI overlaps IP in different ways. The aim of the research is to evaluate the need for developing separate patentable laws for artificial intelligence. This research used secondary research methodology which focused on other researchers’ experiment and using their findings as the base for the project. The findings indicate that whereas there are no UK regulations that were directly noted down to regulate AI, it is partly regulated via collaged of regulatory and legal requirements built for other functions or roles which currently capture the usage of AI technologies. In patent law, ownership is established at the invention point, that is, the origin of the idea that forms the base of patent application field. The inventors are by necessity human beings because AI is considered not to be viable inventor within the meaning of the United Kingdom Patents Act. One of the major barriers to patenting ML as well as other AI systems, is that in many nations including the United Kingdom, abstract mathematical methodologies aren’t patentable.33 0